Welcome

Welcome to my Law blog specifically intended as an aid to law students. I will post comments and white papers, from time to time, and I am happy to carry on conversations with students who are in need of help in law school.


I am most conservative and appropriate in my approach so if you comment and/or have questions to ask, please do so with an equal degree of appropriateness.



I am a Professor of Law at Concord Law School, an Internet Law School located in Los Angeles, though I live, teach and otherwise work out of Lakewood, Colorado, resting up against the foothills just west of Denver.

*******************************************************

DISCLAIMER

THIS SITE IS NOT AFFILIATED WITH, APPROVED BY, OFFICIALLY REPRESENTATIVE OF OR FINANCIALLY SUPPORTED BY CONCORD LAW SCHOOL OR ITS AFFILIATES OR PARENT COMPANIES.

*******************************************************


I have no set schedule of posting, but I hope you will check in from time to time.

*******************************************************

Tuesday, May 4, 2010

3 – Theft Crimes (Embezzlement)

3 – Theft Crimes (Embezzlement)

PLEASE NOTE THAT THE FOLLOWING IS TAKEN FROM SOME OF MY CLASS NOTES, SOME OF WHICH IS MY OWN PERSONAL WORK AND SOME OF WHICH BELONGS TO CONCORD LAW SCHOOL.  IT IS POSTED TO HELP MY IL STUDENTS IN PARTICULAR.  IT CANNOT BE DISSEMINATED WITHOUT EXPRESS, WRITTEN PERMISSION.

Last time in crimes, we looked at larceny by trick. Now we try embezzlement. Embezzlement is the fraudulent conversion of the property of another by one who already has lawful possession of it. Here is an example I have used before:

Robert goes to the hardware store to purchase some supplies, but while he is there, he sees a power drill and decides to sneak out of the store without paying for it. After he has walked about half way to the front door of the store, with the drill under his coat, he has a change of mind, walks back to where he picked up the drill, pulls out the drill and attempts to put it back when he is confronted by the store manager, who detains Robert until the police come and arrest him. Is Robert guilty of embezzlement?

No, because Robert never obtained “possession” – (dominion and control/the full right to use and have) of the drill by anyone voluntarily entrusting him with it. Perhaps Robert had “custody” (limited right to pick up and observe the watch, and to put it on my wrist to try it on, but not to possess it), but not possession.

Next, we’ll look at “false pretenses.”

Professor Doug Holden
© 2010. Douglas S. Holden. All rights reserved.

No comments:

Post a Comment